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City Council Agenda 07-15-2010

A Regular Meeting of the City Council held in the Council Chamber on Thursday,
July 15, 2010 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of
this meeting was posted on July 8, 2010 at 6:19 P.M.  This meeting is being taped and is live

on S.A.T.V.
        
        Council President Robert McCarthy presided.



 President McCarthy requested that everyone please rise to recite the Pledge of Allegiance.


EXECUTIVE SESSION

C.                      moved to take out of order, under Communications from City Officials, the request of Solicitor Elizabeth Rennard, to hold an Executive Session to (1) discuss a suit filed against the City by Trickett Realty following the City Council’s revocation of Trickett’s Inflammables License for the automobile service station at 111 North Street. During the executive session, City Solicitor Elizabeth Rennard will discuss the City’s strategy with respect to this litigation. Discussing such strategy may have a detrimental effect on the litigation position of the City if this discussion takes place in open session.

(2) Also a lawsuit filed against the City related to the so-called Beede Site, a used oil processing facility, where the City disposed of waste oil. Pursuant to Federal Law, any party that had waste oil dumped at the site is responsible for paying its share of the clean-up costs. During the executive session, Asst. City Solicitor Jerald Parisella will discuss the City’s liability and his proposed settlement of this suit. Attorney Parisella will discuss strategy with respect to this litigation and discussing such strategy may have a detrimental effect on the litigation position of the City if this discussion takes place in open session.                                                      VOTED

EXECUTIVE SESSION

C.                      moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session, and at the end of the Executive Session, the regular meeting will continue.

                                                        R.C.V.          YEAS            NAYS            ABS

FOLLOWING EXECUTIVE SESSION:

C.                      moved that the regular meeting be continued.                    VOTED



HEARINGS

NONE


APPOINTMENTS AND REAPPOINTMENTS

Mayor’s appt. of Ronald Malionek to serve as the City of Salem’s Assistant Director of Public Services with a term to expire on January 31, 2012


Mayor’s appt. and reappt.  of the following to serve as a Constables with the following terms to expire

                Donald Blakely, Jr., 257 Watertown St., Newton  Term to Expire:  June 29, 2011
                Ronald Ledwell, 36 Vernon St., Weymouth         Term to Expire:  June 10, 2011


COMMUNICATIONS FROM THE MAYOR


Appr. of $296,760.00 to the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” to be expended for the retirement of individuals of the School Dept.


Appr. of $157,796.00 from “Fund Balance – Free Cash” to the “Stabilization Fund”


Transfer of $84,587.00 from “a list of Departmental accounts to offset deficit balances to close the books for Fiscal Year 2010.


Appr. of $27,000.00 from “ Fund Balance – Free Cash” to “Solicitor – Judgments” account


Appr. of $16,668.00 to the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” to be expended for the retirement of Donna Michaud in the Treasurer’s Dept.


Appr. of $15,000.00 from “Fund Balance – Free Cash” to “Treasurers – Contracted Services”



Appr. of $2,500.00 from “Receipts Reserved – Salem Common” to “Park & Recreation – Ground Maintenance”



ORDER to accept a donation of $5,000.00 from Danvers Bank to fund the Essex County Summer Camp Program



ORDER to accept a donation of $2,500.00 from the Town of Saugus to fund the Essex County Summer Camp Program



ORDER to accept a donation of $1,000.00 from Spectra Energy to fix the picket fence at the Salem Willows



ORDER to accept a donation of $1,000.00 from the Town of Swampscott to fund the Essex County Summer Camp Program



ORDER to accept a donation of $1,000.00 from Tache Auctions to fund the Essex County Summer Camp Program (DARE)



ORDER to adopt modification to existing Economic Opportunity Area and approve a site-specific EOA for Tax Increment Financing for U.S. Biological, Inc.


RESOLUTION: Authorizing Certified Project Application of U.S. Biological



RESOLUTION: Authorizing a Tax Increment Financing Agreement for U.S. Biological, Inc.



MAYOR’S INFORMATIONAL PAGE

Mayor submitting an Executive Summary of the Salem Comprehensive Parking Plan


MOTIONS, ORDERS, AND RESOLUTIONS



COMMITTEE REPORTS


C.                      offered the following report for the Committee on Ordinances, Licenses and
                        Legal Affairs



C.                      offered the following report for the Committee on Administration and Finance



COMMUNICATIONS FROM CITY OFFICIALS

Request from Solicitor Elizabeth Rennard, to hold an Executive session, to discuss a suit filed against the City by Trickett Realty following the City Council’s revocation of the inflammable license for 111 North Street.




Request from Asst. Solicitor Jerald Parisella, to hold an Executive session, to discuss a lawsuit filed against the City related to so-called Beede Site, a used oil processing facility, where the City disposed of waste oil.




ORDER submitted by the Solicitor that the City Council authorizes the Asst. City Solicitor to settle a lawsuit related to the so-called Beede Site, for the sum not to exceed Twenty-Seven Thousand Dollars ($27,000.00)



ORDER submitted by the Solicitor that the City Council adopts the attached criteria for request for a Home Rule Petition for an additional liquor license.




Communication from the Planning Board with their recommendation for the proposed Zoning Ordinance amendment regarding Uses Regulations for “Medical clinics” and the definition of Medical clinics from the City Solicitor.



PETITIONS

Request from Salem State College to hold a road race and fun walk on Sunday, April 10, 2011 at 9:00 A.M.



Request from Free Masons to reserve four parking spaces (#214, 216, 217 & 218), in front of 70 Washington Street for blood drives to be held on August 19, 2010 and December 15, 2010 from Noon to 8:30 P.M.



Request from residents of Moffatt Road to hold a block party on July 17, 2010 from 10:00 A.M. to Midnight with a rain date of July 18, 2010



Request from residents of Foster Street to hold a block party on August 14, 2010 from 1:00 P.M. to Midnight with a rain date of August 15, 2010


Request from residents of Forrester Street to hold a block party on September 11, 2010 from 2:00 P.M. to 7:00 P.M. with a rain date of September 12, 2010


The Following Licenses:

PUBLIC GUIDES:          Angelique Griffin, 39 Prince St., Salem
                                Alexander McNally, 343 Lafayette St. #3, Salem
                                Dave Kess, 77 Summer St., Salem
                                Steven Kee, 70 Mulberry St., Worcester
                                Christiaan VanDamme, 70 Mulberry St., Worcester
                                Roger Watros, 104 Pembroke St., Boston
                                Tim Maguire, Jr., 28 High St., Salem


The following licenses:

LIMOUSINE               AT’s Service, 16 March St., Salem               (1 Limo)

TAXI OPERATOR           David Harding, 28 Dane St. #2, Beverly
                                Francis Lora, 38 Naumkeag St. #1, Salem
                                Nancy Figueroa, 12 Pope St., Salem
                                David Kelly, 80 Nahant St., Lynn

VEHICLE FOR HIRE        Salem Pedicab, 7 N. Pine St., Salem             (3 Pedicabs)


VEHICLE FOR HIRE        Ernest Wronka, 3 Stonehill Dr., Stoneham
OPERATORS ONLY  Robert Blomberg, 28 West Ave., Salem
                                Anthony Poto, 43 Scott Circle, N. Andover
                                Kevin Whitehead, 57 Sherwood Ave., Danvers


The Following License:


TAXI OPERATOR           Brett Frazier, 50 Howard St., Salem



The following Claims:

                                Verizon, PO Box 60770, Oklahoma City, OK
                                Verizon, PO Box 60770, Oklahoma City, OK
                                Jonathan Rennicks, 32 Gallows Hill Road, Salem

SUBROGATED:     Law Offices of Flood & Favata (for Virginia Battle), 14 Winthrop St., Marlborough



The following Bonds:

CONSTABLE:              Donald Blakely, Jr., 257 Watertown St., Newton

SIGNS:                  Impart Art, 24 New Derby St., #5, Salem
                                True Gospel Baptist Church, 61 Bridge St., Salem


UNFINISHED BUSINESS


SECOND PASSAGE – BOND ORDER Appr. of $1,630,000.00 for various Capital Improvement projects.






On the motion of C.                              the meeting adjourned at                 P.M.